Nonetheless, any obligations need to be narrowly targeted both in their personal and material scope and be coupled with adequate safeguards, in order not to affect the essence of the rights and to be proportionate. To reduce the number of false positives and prevent erroneous reporting to law enforcement authorities, and to minimise the administrative and financial burden imposed on providers, among other reasons, the proposal creates the EU Centre as an essential facilitator of implementation of the obligations imposed on the providers. As a result, while robust limits and safeguards are already applied to the detection of known child sexual abuse material, they are more restrictive for new child sexual abuse materials and, especially, for the detection of ‘grooming’. These include adjusted criteria for the imposition of the detection orders, a more limited period of application of those orders and reinforced reporting requirements during that period. In addition, the proposal also sets out strong oversight mechanisms, which include requirements regarding the independence and powers of the national authorities charged with issuing the orders and overseeing their execution, as well as an assisting and advising role for the EU Centre. The EU Centre also contributes by making available not only accurate and reliable indicators, but also suitable technologies to providers, and by assessing reports of potential online child sexual abuse made by providers.
Interpersonal communications services, generating statistics concerning reports and the reliable and swift management and processing of reports, the EU Centre should create a dedicated database of such reports. To be able to fulfil the above purposes, that database should also contain relevant information relating to those reports, such as the indicators representing the material and ancillary tags, which can indicate, for example, the fact that a reported image or video is part of a series of images and videos depicting the same victim or victims. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, without prejudice to the enforcement powers of other national authorities. For the purposes of the present Regulation, those providers may draw on such a risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation. Section 3 includes further provisions on enforcement and penalties, by establishing that Member States of the main establishment of the provider of relevant information society services have jurisdiction to apply and enforce this Regulation .
In the absence of Union action, legal fragmentation can be expected to develop further as Member States introduce additional measures to address the problem at national level, creating barriers to cross-border service provision on the Digital Single Market. Only EU level action can achieve the aim of eliminating barriers to the Digital Single Market for the services concerned, enhancing legal certainty for providers and reducing compliance costs, while at the same time ensuring that the requirements imposed on market players to tackle online child sexual abuse are effective by virtue of their uniform applicability across borders within the entire EU. Therefore, EU action is necessary to achieve the objectives of the proposed Regulation and it presents a significant added value compared to national action.
That period shall be extended by two months at the initiative of the European Parliament or of the Council. It shall, by 31 March of every year subsequent to the year to which the report relates, make the report available to the public and communicate it to the Commission and the EU Centre. The EU Centre’s contractual liability shall be governed by the law applicable to the contract in question. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying that Regulation. The EU Centre shall establish practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2. On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, grant a discharge to the Executive Director in respect of the implementation of the budget for year N.
The EU Centre should also carry out certain complementary tasks, such as assisting competent national authorities in the performance of their tasks under this Regulation and providing support to victims in connection to the providers’ obligations. It should also use its central position to facilitate cooperation and the exchange of information and expertise, including for the purposes of evidence-based policy-making and prevention. The processing of users’ personal data for the purposes of detecting, reporting and removing online child sexual abuse has a significant impact on users’ rights and can be justified only in view of the importance of preventing and combating online child sexual abuse. As a result, the decision of whether to engage in these activities in principle cannot be left to the providers; it rather pertains to the legislator.
Coordinating Authorities shall provide child-friendly mechanisms to submit a complaint under this Article and adopt a child-sensitive approach when handling complaints submitted by children, taking due account of the child’s age, maturity, views, needs and concerns. Shall also apply to any other competent authorities that the Member States designate pursuant to paragraph 1. The designation of a legal representative within the Union pursuant to paragraph 1 shall not amount to an establishment in the Union. The blocking order shall be transmitted to the provider’s point of contact referred to in Article 23, to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39.
The request shall clearly set out the identification details of the EU Centre and a contact point, the necessary information for the identification of the item or items, as well as the reasons for the request. Infringed this Regulation, it shall request the Coordinating Authority of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation. Verify the effectiveness of a detection order or a removal order issued upon the request of the requesting Coordinating Authority. The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union. Subject to paragraph 6, ensure that the period of application remains limited to what is strictly necessary.
Increased and more effective prevention efforts will also reduce the prevalence of child sexual abuse, supporting the rights of children by preventing them from being victimised. Measures to support victims in removing their images and videos would safeguard their rights to protection of private and family life and of personal data. Specifically, obliging detection of online child sexual abuse on both ‘public-facing’ and ‘private’ services, including interpersonal communication services, results in varying levels of intrusiveness in respect of the fundamental rights of users. In the case of material that is accessible to the public, whilst there is an intrusion, the impact especially on the right to privacy is generally smaller given the role of these services as ‘virtual public spaces’ for expression and economic transactions.
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Drawing on the statistics and information gathered from the structured processes and transparency mechanisms provided for under this Regulation, the Commission should carry out an evaluation of this Regulation within five years of the date of its entry into force, and then every 5 years thereafter. The Commission will report on the findings of the evaluation to the European Parliament and the Council. Accordingly, in order to further support the Centre’s independence it is proposed that the Centre be financially independent and be funded by the EU.
A five year timeline from the date of the legislation coming into force is envisaged for the proposed EU Centre to achieve full operational capacity. Commission resources would also be deployed to support the setting up of the Centre during this lead-in period. A dedicated monitoring framework, including a number of indicators per the specific objectives, is described in the Impact Assessment Report accompanying the proposal. Board and may conclude contracts, including staff contracts, following the adoption of the EU Centre’s establishment plan. Is located shall provide the best possible conditions to ensure the smooth and efficient functioning of the EU Centre, including multilingual, European-oriented schooling and appropriate transport connections.
The activities of the Centre will be then measured against these indicators in the Annual Activity Report. ◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act. The Centre should also be independent from national public entities of the Member State that would host it in order to avoid the risk of prioritising and favouring efforts in this particular Member State. This is without prejudice to the opportunity to draw on the expertise of Member States and EU Justice and Home Affairs agencies to assist with building a critical mass of expertise within the proposed EU Centre.
Where the detection order concerns the solicitation of children, in accordance with Article 7, last subparagraph, of the Regulation, the detection order applies only to publicly available interpersonal communications where one of the users is a child user, as defined in Article 2, point , of the Regulation. In the absence of EU action, Member States would have to keep adopting individual national laws to respond to current and emerging challenges with the likely consequence of fragmentation and diverging laws likely to negatively affect the internal market, particularly with regard to online service providers active in more than one Member State. A satisfactory improvement as regards the rules applicable to relevant online service providers active on the internal market aimed at stepping up the fight against CSA cannot be sufficiently achieved by Member States acting alone or in an uncoordinated way. In particular, a single Member State cannot effectively prevent or stop the circulation online of a CSA image or video, or the online grooming of a child, without the ability to cooperate and coordinate with the private entities who provide services in several Member States. All internet users and especially child users are expected to benefit from a more structured approach to preventing, detecting, reporting and removing online child sexual abuse across the Union, facilitated by the EU Centre, and from higher levels of trust in online services that adopt safer-by-design methods. Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre shall forward the report, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities.
Given the need to address the situation and with a view to ensuring the good functioning of the Digital Single Market for services while, at the same time, improving the mechanisms for prevention, detection, reporting and removal of online child sexual abuse and ensuring adequate protection and support for victims, EU level action was found to be necessary. Following a previous first negative opinion of the Regulatory Scrutiny Board on the Impact Assessment, in February 2022, the Regulatory Scrutiny Board issued a positive opinion on the Impact Assessment with reservations and made lexatrade review various suggestions for improvement. The Impact Assessment report was further revised taking into account the relevant feedback, notably by clarifying the descriptions of the measures taken to ensure compatibility with fundamental rights and with the prohibition of general monitoring obligations and by providing more detailed descriptions of the policy options. The finalised Impact Assessment report examines and compares several policy alternatives in relation to online child sexual abuse and to the possible creation of an EU Centre to prevent and combat child sexual abuse.
For these reasons, the appropriate instrument to be used to achieve the objectives of this initiative is a Regulation. In addition, in view of the date of expiry of the interim Regulation, there would in this case be insufficient time to adopt a Directive and then transpose its rules at national level. In accordance with Article 12 of the Regulation, providers are not to report potential online child sexual abuse detected through a removal order issues in accordance with the Regulation.
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Thereby, the proposed Regulation limits the interference with the right to personal data protection of users and their right to confidentiality of communications, to what is strictly necessary for the purpose of ensuring the achievement of its objectives, that is, laying down harmonised rules for effectively preventing and combating online child sexual abuse in the internal market. For example, some providers may be subject to a more general obligation to assess systemic risks related to the use of their services under the DSA, and a complementary obligation to perform a specific assessment of risks of child sexual abuse online in the present proposal. Those providers can build on the more general risk assessment in performing the more specific power trend broker one, and in turn, specific risks identified for children on their services pursuant to the specific risk assessment under the present proposal can inform more general mitigating measures that also serve to address obligations under the DSA. Will contribute notably by facilitating the implementation of the obligations on service providers to detect, report and remove CSA online, and the action of law enforcement to follow up on those reports. The time periods referred to in the first subparagraph, points and , shall be those specified in the competent law enforcement authority’s request to the EU Centre, provided that they remain limited to what is necessary to avoid interference with the relevant activities and does not exceed 18 months.
The LFS proposes to use additional human resources in the parent DG , that is to say an additional 9 FTEs on top of those already working in the Security in the Digital Age policy area on the wider EU CSA Strategy and in administrative support. The administrative appropriations required will be met by the appropriations which are already assigned to management of the action and/or which have been redeployed, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of existing budgetary constraints. In accordance with the Joint Statement on the EU decentralised agencies, the annual work programme of the Centre shall comprise detailed objectives and expected results including performance indicators. The Centre will accompany its activities included in its working programme by key performance indicators.
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The e-Commerce Directive and the DSA prohibit Member States from imposing on providers of intermediary services general obligations to monitor or to actively seek facts or circumstances indicating illegal activity. It also includes strong measures to facilitate and support implementation and hence reduce the burden on service providers. Option E was therefore deemed to be the option which best achieves the policy objective in an effective and proportionate way, all the while ensuring proportionality through the introduction of rigorous limits and safeguards so as to ensure, in particular, the required fair balance of fundamental rights. In addition to the positive social impacts described above, the preferred option is expected to have an economic impact on the affected providers as a result trading dax futures of costs arising from compliance with their obligations, as well as on law enforcement authorities and other competent national authorities as a result of the increased volume of reports of potential online child sexual abuse. This proposal aims at eliminating existing barriers to the provision of relevant services within the Digital Single Market and preventing the emergence of additional barriers, while allowing for an effective fight against online child sexual abuse in full respect of the fundamental rights under EU law of all parties affected. To achieve this objective, the proposal introduces narrowly targeted and uniform obligations of risk assessment and mitigation, complemented where necessary by orders for detection, reporting and removal of child sexual abuse content.
- Even those Member States who have not yet introduced such requirements are increasingly considering national measures to that effect.
- Section 4 establishes channels of cooperation linking the EU Centre to the Coordinating Authorities, through the designation of national contact officers ; to Europol ; and to possible partner organisations, such as the INHOPE network of hotlines for reporting child sexual abuse material .
- When they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them.
- The information for a further specified period, set by that authority or court where and to the extent necessary for ongoing administrative or judicial redress proceedings, as referred to in paragraph 1, point .
- Based on the findings of the report, in particular on whether the Regulation leaves any gaps which are relevant in practice, and taking into account technological developments, the Commission will assess the need to adapt the scope of the Regulation.
Based on the findings of the report, in particular on whether the Regulation leaves any gaps which are relevant in practice, and taking into account technological developments, the Commission will assess the need to adapt the scope of the Regulation. Safeguards, which are differentiated depending on the nature and level of the limit imposed on the exercise of the fundamental rights concerned. And best interest, and support the general public interest to effectively prevent, investigate and prosecute the perpetration of the serious crime of child sexual abuse. The pandemic has exposed children to a significantly higher degree of unwanted approaches online, including solicitation into child sexual abuse.
In turn, a representative from the EU Centre could be part of the management board of Europol, to further ensure effective cooperation and coordination. Where the provider that submitted the report is a provider of hosting services and the report concerns the potential dissemination of child sexual abuse material, communicate to the provider that it is not to remove or disable access to the material, specifying the time period during which the provider is not to do so. Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them of the presence on their service of one or more specific items of known child sexual abuse material and to request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. In the interest of the effective application and, where necessary, enforcement of this Regulation, each Member State should designate at least one existing or newly established authority competent to ensure such application and enforcement in respect of providers of relevant information society services under the jurisdiction of the designating Member State.
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The detection order shall be transmitted to the provider’s point of contact referred to in Article 23, to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39. Parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. Shall clearly describe in their terms and conditions the mitigation measures that they have taken.
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The legislative financial statement accompanying this proposal for a Regulation covers the budgetary impacts for the Regulation itself. Article 52 of the Charter allows limitations to be placed on the exercise of those rights, subject to the conditions set out in that provision. New information and changing regulatory requirements are continuously assessed and incorporated as expeditiously as reasonably possible into the Dow processes and standards, resulting in regular updating of our SDS and labels. The most significant international regulatory development has been the Globally Harmonized System of Classification and Labeling of Chemicals , created by the United Nations. GHS is designed to replace the various classification and labeling standards used in different countries by using consistent criteria for classification and labeling.
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The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose. The EU Centre shall compile the list of uniform resource locators referred to in paragraph 2, point , solely on the basis of the uniform resource locators submitted to it pursuant to Article 36, point . It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.
For the purpose of lodging of complaints, users can decide to rely on organisations acting in the public interest against child sexual abuse. The Coordinating Authority, as well as other competent authorities, play a crucial role in ensuring the effectiveness of the rights and obligations laid down in this Regulation and the achievement of its objectives. Accordingly, it is necessary to ensure that those authorities have not only the necessary investigatory and enforcement powers, but also the necessary financial, human, technological and other resources to adequately carry out their tasks under this Regulation. In particular, given the variety of providers of relevant information society services and their use of advanced technology in offering their services, it is essential that the Coordinating Authority, as well as other competent authorities, are equipped with the necessary number of staff, including experts with specialised skills. The resources of Coordinating Authorities should be determined taking into account the size, complexity and potential societal impact of the providers of relevant information society services under the jurisdiction of the designating Member State, as well as the reach of their services across the Union.
This process sought to gather the views from across a broad range of stakeholders such as public authorities and private citizens, industry and civil society. Despite efforts to ensure a balanced distribution of responses, a significant proportion of contributions were received from private individuals in Germany solely addressing questions relating to the subject of encryption. That apart, issues of better cooperation and coordination, and sufficient resourcing and expertise to meet continually increasing volumes of illegal content featured prominently across public authorities, industry and civil society contributions.
